Legal Question in Workers Comp in California

Can I still file for worker's compensation for an injury at work even after I have resigned my position?


Asked on 11/05/15, 1:50 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Yes but you may have a hard time convincing the employer or insurance carrier if you demand disability benefits. Did your resignation have anything to do with your work injury? Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 11/05/15, 3:03 pm
Nancy Wallace Nancy Wallace Atty at Law

Post-separation claims are not compensable, with a few exceptions. If you have evidence you notified the employer of the on-the-job injury prior to leaving (should be in writing), or there is a medical chart-note indicating you were hurt on the job but are putting off workers compensation claims, you could prevail at the hearing. You would file the claim, and the adjuster would most likely issue a denial for submitting it after leaving the employer, then you would have to file for a trial, and the judge would have to find that either the employer or the treating physician had 'notice' there was a work injury PRIOR TO the date you left.

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Answered on 11/06/15, 2:49 pm


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